Yindjibarndi Aboriginal Corporation to appeal Federal Court Native Title compensation award

Callan Morse
Callan Morse Updated July 30, 2026 - 6.57pm (AWST), first published at 4.30pm (AWST)

Yindjibarndi Ngurra Aboriginal Corporation has announced it will appeal the Federal Court's decision on the amount of compensation awarded for mining which has occurred on Yindjibarndi Ngurra since 2012.

YNAC is appealing Justice Stephen Burley's May decision, where he "concluded that the claim should be assessed in the amount of $150 million" for cultural loss caused by mining on Yindjibarndi Country in the Pilbara.

The unanimous decision to appeal Justice Burley's decision was made by Yindjibarndi Native Title holders at a large meeting in Roebourne on Thursday.

At the hours-long meeting, YNAC's legal representatives advised Yindjibarndi members on the available appeal pathways.

Members asked questions and discussed the potential outcomes of an appeal, before a vote was taken.

YNAC said all members attending, in person and online, voted in favour of an appeal.

Yindjibarndi Group CEO, Michael Woodley, said the decision was made after Yindjibarndi people carefully considered the available legal advice.

"It was a long, emotional day, which resulted in a decision by all attendees to put family and Ngurra (Country) first," Mr Woodley said.

"Members and Elders had the opportunity to express their fears, frustrations, emotions, concerns and their commitment to each other and our Ngurra."

Mr Woodley said the decision to appeal was arrived at after robust discussions, where all views were respected, listened to and addressed.

"The decision represents the strong connection between Yindjibarndi People and our Ngurra, and what we hold as the key value of our community - that is, a successful future for the next generations," he said.

"We believe the intentions of the Native Title Act are that First Nations people are legally recognised to speak for Ngurra and share in the benefits that flow from it."

On the day of the findings a Fortescue spokesperson said the mining giant accepted that Yindjibarndi people were entitled to compensation.

"The Company has agreed to and pays financial compensation under all of its other seven native title agreements," the spokesperson said.

"Fortescue has strong relationships with the First Nations people of the Pilbara region of Western Australia, with dedicated Heritage, Native Title and community teams working hand in hand with Traditional Custodians to ensure cultural heritage is managed sustainably and responsibly."

YNAC said the next step is for its lawyers to prepare and lodge the appeal before the deadline of Wednesday, 26 August.

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